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America's regression

Berkeley protesters call for John Yoo's removal

Activists want professor who formed legal theories for Bush administration on waterboarding prosecuted

Anti-war activists are protesting at the University of California, Berkeley to demand the removal of a law professor who used to craft legal theories for the Bush administration on waterboarding and other harsh interrogation techniques.

Monday is the first day of classes at UC Berkeley's School of Law. The target of the protest there is John Yoo, who worked for President Bush's Office of Legal Counsel in 2001-03. The demonstators want Yoo to be prosecuted for war crimes.

A recent Justice Department investigation into his work for the Bush administration found that Yoo and his former colleagues showed "poor judgment" but did not commit professional misconduct.

Jay Bybee's sociopathic self-absorption

Jay Bybee's sociopathic self-absorption
AP
Jay Bybee (2002 file photo)

(updated below)

The New York Times has an article today on Jay Bybee, the torture-authorizing Bush OLC lawyer and current judge on the 9th Circuit Court of Appeals.  The focus of the article is Bybee's recent Congressional testimony that several of the torture tactics used by the CIA were never approved by the Justice Department -- which means they should fall outside the scope of the Obama DOJ's immunity shield from prosecution -- but it was the last passage that I think is most noteworthy (h/t reader rg):

[Bybee] said he was "proud of our opinions" at the Office of Legal Counsel, too, calling them "well researched” and "very carefully written."

Still, he said the controversy surrounding his tenure there had been difficult.

"I have regrets because of the notoriety that this has brought me," he said. "It has imposed enormous pressures on me both professionally and personally. It has had an impact on my family. And I regret that, as a result of my government service, that that kind of attention has been visited on me and on my family."

Just think about that.  The so-called "government service" Jay Bybee did caused countless detainees to be subjected to systematized, medieval torture techniques designed to permanently break their mind and spirit.  Innocent men spent years wasting away in a cage, with no due process of any kind, subjected to horrific and life-destroying abuse because of what Bybee authorized.  So frivolous were Bybee's opinions that they were scorned even by subsequent right-wing, Bush appointees such as Jack Goldsmith, and the DOJ's own Office of Professional Responsibility formally renounced and harshly criticized those memos.  For that work, he was rewarded with a life tenured, permanently-well-paying job as a federal appellate judge. 

But the only victim Bybee recognizes in all of this is himself, and the only "regret" he has is the self-pitying objection that the dark, ugly and destructive work he did caused him to be subjected to some criticisms.  It's extremely similar to what Karl Rove identified yesterday as his "biggest mistake":  not helping to start a war on false pretenses that killed hundreds of thousands of innocent people, but rather, failing to attack war critics with sufficient viciousness.

These are individuals who destroyed the lives of countless innocent people with gruesome and lawless "policies."  Not only did they never suffer for it, they have been richly rewarded with wealth and life-long job security.  And still, the only tragedy they see from everything that happened is their own trivial "suffering," i.e., the fact that they're criticized in some quarters for what they did.  The term "sociopathic self-absorption" should have a huge picture of them next to it in the dictionary.

 

UPDATE:  The scoipathic self-pity exhibited by Bybee here is not uncommon.  As his company ravaged the Gulf, BP CEO Tony Hayward's complaint that "I'd like my life back" demonstrated who he thought was the real victim of the oil spill -- himself.  Bush era CIA Chief and Iraq War enabler George Tenet lamented "the toll that the Iraq War had taken," by which he meant not the hundreds of thousands of innocent dead people or the multiple tours of duty for American soldiers, but rather the teasing which his children received at school for having a father who helped unleashed that war.  And Alberto "Geneva-Conventions-are-quaint-and-obsolete" Gonzales -- in the wake of his scandal-caused forced resignation -- wasted no time publicly complaining about his inability to find a high-paying job

That's what happens when you create a society where elites can engage in the most wretched and destructive acts with total impunity:  it engenders a blinding, empathy-free, effete sense of entitlement whereby they see themselves as the only ones who matter and their own plight as the only one worthy of consideration.  If you build a political system grounded in the premise that there's an elite caste so special and elevated that they are entitled even to hover above the laws and rules to which everyone else is subjected, the beneficiaries of that caste system are always the first to believe in its virtue.

Right-wing self-delusion

(updated below - Update II - Update III [Thurs.])

National Review's Jay Nordlinger cites a truly repellent (and false) comment made this week by Israeli Defense Minister Ehud Barak to Defense Secretary Robert Gates: "A million and a half people are living in Gaza, but only one of them is really in need of humanitarian aid," Barak said.  Nordlinger points out that Barak was referring to Israeli soldier Gilad Shalit, held hostage for years by Hamas, which refuses to permit the International Committee of the Red Cross (ICRC) access to him.  After observing that neither "the Cuban dictatorship or Chinese dictatorship permit the Red Cross to see prisoners," Nordlinger then claims -- with the needy victimization that typifies the Right -- that "there'd be mass demonstrations in [Shalit's] behalf all over Europe, and on American streets, too" if "Shalit were other than Israeli."  In other words, Nordlinger believes that the Western World would never tolerate the denial of ICRC access to detainees except when the detainee is Israeli.

I'm asking this literally:  is Nordlinger ignorant of the fact that the United States of America denied ICRC access to non-Israeli prisoners for years during the prior administration?

The US has admitted for the first time that it has not given the Red Cross access to all detainees in its custody.

The state department's top legal adviser, John Bellinger, made the admission but gave no details about where such prisoners were held. . . . He stated that the group International Committee of the Red Cross (ICRC) had access to "absolutely everybody" at the prison camp in Guantanamo Bay, Cuba, which holds suspects detained during the US war on terror. When asked by journalists if the organisation had access to everybody held in similar circumstances elsewhere, he said: "No".

That happened because, among other reasons, the U.S. maintained a network of CIA secret prisons -- black sites -- where detainees were barred from any and all contact with the outside world for months and even years, including international monitoring groups such as the ICRC.  Maybe Nordlinger has heard of someone named Dana Priest, who won the Pulitzer Prize in 2006 for revealing, in The Washington Post, the existence of those secret American prisons:

It is illegal for the government to hold prisoners in such isolation in secret prisons in the United States, which is why the CIA placed them overseas, according to several former and current intelligence officials and other U.S. government officials. Legal experts and intelligence officials said that the CIA's internment practices also would be considered illegal under the laws of several host countries, where detainees have rights to have a lawyer or to mount a defense against allegations of wrongdoing.

As Priest wrote, these detainees -- never charged, let alone convicted, of any crime -- "exist in complete isolation from the outside world.  Kept in dark, sometimes underground cells, they have no recognized legal rights, and no one outside the CIA is allowed to talk with or even see them, or to otherwise verify their well-being."  Even once those black sites were revealed by Priest, the Bush administration explicitly rejected the ICRC's request for access to those detainees (the ICRC was also long denied access to prisons in Iraq run by the Iraqi Government during the U.S. occupation).  And the BBC reported in April of this year that the U.S. continues to maintain a secret prison at Bagram where prisoners are apparently abused and denied ICRC access.  Could someone point me to the "mass demonstrations" that took place in Europe and the U.S. over any of these American secret prisons?

This raises an important and under-appreciated point.  Many Americans defend the U.S.'s conduct not because they support it, but because they're completely unaware of what those actions actually are.  Many of the people who support what they call the "enhanced interrogation" program really believe they're defending three instances of waterboarding rather than scores of detainee deaths, because they literally don't know it happened.  And here you have Nordlinger -- a Senior Editor of National Review -- claiming that denial of access to the ICRC is the hallmark of brutal tyrannies (it is), and arguing that a country could only get away with it if they do it to an Israeli, making clear that he is completely ignorant of the fact that his own Government did this for years (without, needless to say, prompting a peep of protest from his magazine), and reportedly continues to do it.  That the U.S. did this systematically just doesn't exist in his brain; he really believes it's something only China, Cuba and Hamas do.  They really do live in their own universe and just block out whatever facts they dislike while inventing the ones that make them feel good.

 

UPDATE:   Just to convey a sense for how much National Review polemicists care about detainees being denied ICRC access (when it's the U.S. doing the denying):  the only mention found in NR's archives of Dana Priest's revelation that the U.S. was maintaining a network of secret prisons with no ICRC monitoring was this one by Byron York, in which he suggested that, based on the Plame precedent, the persons responsible for the disclosure -- but not the ones denying the ICRC access to detainees -- should be prosecuted (h/t TS).  So it's not really a surprise that Nordlinger managed to remain completely ignorant of what the U.S. did for all those years, since his "political magazine" barely even mentioned it.

All of this is redolent of what George H.W. Bush said in 1988 when running for President, desperate to prove his manly bona fides, which were being widely questioned:  "I will never apologize for the United States of America, I don't care what the facts are."  Bush said that in response to being asked his reaction to the fact that a U.S. Naval warship had just blown an Iranian passenger jet out of the sky, killing all 300 civilians people aboard (h/t stacy,esq.).  That's the ethos of the Right:  when the U.S. does it, it's either intrinsically different or (as in Nordlinger's case) it doesn't exist.

 

UPDATE II:  A reader reminds me that the only other time I wrote about Nordlinger was back in September, 2009 when, amazingly, he essentially did the same exact thing:  he revealed a total ignorance of major scandals involving the Bush DOJ -- not the details of those scandals, but their very existence -- because those events contradicted his desired perceptions and were therefore just never acknowledged by his brain.  Mark Adomanis has a very amusing and insightful post on how Nordlinger's "thought process," on display here, epitomizes the essence of movement conservatism in the U.S.

All of this raises a tangentially related point:  I spent the first three years or so of my political writing focused on how extremist and odious America's Bush-supporting Right is (I even wrote three books with that as a central theme).  I don't write much about them these days -- largely because I'm much more interested in writing about the faction in power than out of power, and because there are countless Democratic blogs and other venues devoted to reflexively spouting the "GOP-is-Evil" talking points on a daily basis -- but it is worth being reminded now and then, with episodes like this one, exactly why the faction that still dominates the American Right is as loathsome and irrational as ever, if not more so.

 

UPDATE III:  If someone told me I had to select one paragraph to describe the crux of political disputes, I very well might choose this one from George Orwell's Notes on Nationalism (h/t Hume's Ghost):

All nationalists have the power of not seeing resemblances between similar sets of facts.  A British Tory will defend self-determination in Europe and oppose it in India with no feeling of inconsistency. Actions are held to be good or bad, not on their own merits, but according to who does them, and there is almost no kind of outrage -- torture, the use of hostages, forced labour, mass deportations, imprisonment without trial, forgery, assassination, the bombing of civilians -- which does not change its moral colour when it is committed by ‘our’ side . . .  The nationalist not only does not disapprove of atrocities committed by his own side, but he has a remarkable capacity for not even hearing about them.

Note how perfectly that last part describes what Nordlinger did here and what those like him do continuously.  Of course, Orwell's description applies (as he pointed out in the first paragraph of his essay) not only to nationalism but tribal identities of all types.  Speaking of which, Israel, throughout the 1980s and 1990s, imprisoned scores of Lebanese detainees without any access to the outside world (including the ICRC) and without even acknowledging to anyone that they were doing so.  I'm fairly certain that the Western World did not erupt in massive demonstrations any more than it did in response to the U.S.'s doing so.

Watching torture become normal

The GOP is likely to abandon whatever nominal doubts it still has about "intensive interrogation"

This piece originally appeared at Jonathan Bernstein's A Plain Blog About Politics.

I haven't yet commented on George W. Bush's remarks on torture this past week, because I can't really find much to say but how sad it is, at least for those who don't want to see torture eventually emerging as explicit American policy. In other words, I agree completely with Andrew Sullivan:

To place the full weight of the presidency behind war crimes is sign of where this country is...This remains a live issue. A future Republican president will almost certainly now embrace torture as integral to American values and law.

I will disagree with Sullivan on one thing. He refers to his own attempt to convince Bush to repudiate torture as "sad," by which I guess he means hopeless, or sadly naive. I disagree.  Sullivan's open letter to Bush was, in my view, noble -- an honest attempt to engage with a president who was as apt to say "we don't torture" as he was to authorize torture. If you haven't read Sullivan's letter, you really should. I believed, as Sullivan I think believed, that Bush meant it, both ways, and that it was at least possible that on reflection the "we do not torture" side would win out. That's why I've advocated pardon-plus-commission; I think that it's very possible that quite a few people involved may believe that torture was a mistake, but that they'll never say that publicly as long as they, or the people they worked with, could go to jail.

But Bush, at least, doesn't seem to be headed in the "we do not torture" direction. And I do think that without him, it would be very difficult to move the Republican Party on this issue. The only other hope is that an explicitly pro-torture presidential candidate gets clobbered -- which certainly is a plausible scenario  in 2012 -- but even then, it's more likely that the Rush Limbaughs and Marc Thiessens of the world would interpret such an event as a sign that the candidate wasn't sufficiently strident on the issue. There are to be sure quite a few conservatives who oppose torture, but fewer and fewer of them are candidates for elective office. Barring something new (and Bush could still flip, after all), I think a pro-torture candidate and platform is virtually certain for the GOP in 2012. And we know how the nomination process works (in both parties): candidates who are in reality basically similar in their positions on public policy are driven to differentiate themselves by taking high-profile extreme positions on symbolic, highly visible issues.

 

  • Jonathan Bernstein is a political scientist who writes about American politics, especially the presidency, Congress, parties and elections. More Jonathan Bernstein

PHR report: CIA personnel engaged in human experimentation

PHR report: CIA personnel engaged in human experimentation
Reuters/Marc Serota
Military police at Guantanamo Bay, Cuba, take a detainee, who arrived at the naval base injured, from an interrogation room after questioning Feb. 2, 2002.

Bush-era CIA medical personnel conducted experiments on detainees in CIA custody to provide legal cover for torture as well as to justify and shape future torture techniques, a just-released report from the Physicians for Human Rights alleges.

"The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation," said Frank Donaghue, the CEO of PHR, a nonprofit organization of health professionals.

According to PHR's investigation, the CIA conducted experiments monitoring sleep deprivation for up to 180 hours and experimented with waterboarding by adding saline to water to avoid killing detainees or rendering them comatose.

"'Waterboarding 2.0' was the product of the CIA's developing and field-testing an intentionally harmful practice, using systematic medical monitoring," the report claims.

Its author, Nathanial A. Raymond, said that although such experimentation appears to have been essential for the CIA's legal cover for torture, Justice Department lawyers seem never to have assessed the human subject research.

PHR is calling on President Obama to direct the attorney general to investigate the allegations and prosecute those responsible if a crime is found to have been committed. They are also demanding that Congress repeal changes made to the War Crimes Act in 2006 that allow a more permissive definition of illegal experimentation on detainees.

Bush: I'd torture again

George W. Bush did a lot of terrible, criminal things during his presidency, but arguably the single most immoral thing he did was sanction and normalize the use of torture. Guess what? That's not how he sees it.

Speaking to the Economics Club of Grand Rapids, Michigan, the former president admitted to a criminal act and evinced no guilt:

“Yeah, we waterboarded Khalid Sheikh Mohammed,” Bush said. “I'd do it again to save lives.

Khalid Sheikh Mohammed was waterboarded 183 times. Thanks to our nation's proud embrace of torture, we learned of al-Qaeda's completely imaginary plot to assassinate the pope. So, hell, if it'll keep Americans safe, Bush will personally strip, diaper, shackle, and almost-drown KSM 183 more times, until the bastard finally admits to killing Natalee Holloway and blowing that call on first base last night

We were originally told, by defenders of "enhanced interrogation," that We Don't Torture. But waterboarding is unquestionably torture. So now we're just told "torture worked." Replacing Orwellian lies with amoral honesty (of a kind) does not really feel like a step in the right direction.

(Bush is also not sorry about the whole Iraq war thing.)

  • Alex Pareene writes about politics for Salon. Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene
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